G Sathiyasekar v. Chennai Metropolitan Developmetn Authority
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ 1.G.Sathyasekar 2.G.Sriramajayam : Petitioners Vs.
1.Chennai Metropolitan Development Authority, Represented by its Member Secretary, Egmore, Chennai-600 008.
2.The Chief Executive Officer, Chennai Metropolitan Development Authority (CMDA), Egmore, Chennai -600 008.
3.The Tahsildhar, Chengalpattu Taluk, Chengalpattu.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the respondents 1 to 3 to identify the petitioner's plot bearing MIG Plot No.4, NH service road, to an extent of 800 sq.ft., Block No.1, "B" Block, Kattankulathur at Maraimalai Nagar, comprised in Survey No.300 Part in Kattankulathur Village, Chengalpattu Taluk by survey the land and hand over the physical possession to the petitioners, within a time frame fixed by this Court and pass orders.
For Petitioners : Mr.K.Balaji 1/6
For Respondents : Mr.R.Thamaraiselvan Standing Counsel for R1 and R2 (CMDA) Mr.A.Selvendran Special Government Pleader for R3
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
2. The present writ petition is filed praying for a writ of mandamus to direct respondents 1 to 3 to identify the petitioner's plot bearing MIG Plot No.4, NH service road, comprised in Survey No.300, measuring an extent of 800 sq.ft., situated at Block No.1, "B" Block, Kattankulathur at Maraimalai Nagar, Chengalpattu Taluk Part by surveying the land and hand over the physical possession to the petitioners, within a time frame fixed by this Court.
3. At the outset, it is submitted by the learned Standing Counsel for 2/6
respondents 1 and 2 that the above request made by the petitioner would be considered and appropriate orders would be passed, after conducting a survey, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.
4. It is further submitted by the learned Standing Counsel that in case any assistance is required, they would request the third respondent. When this was pointed out, the learned Special Government Pleader, appearing for the third respondent would submit that if any such request is made, the same will be granted, provided necessary fee is paid.
5. In view of the limited relief that is prayed, this court is inclined to dispose of the writ petition with following directions: i) The second respondent shall consider the above request of the petitioner, by conducting survey, in accordance with law, after issuing notice to the petitioner, adjacent land owners and all other interested parties including rival claimants, if any.
ii) Though facts have been set out extensively in the affidavit, this court does not propose to deal with it while leaving it open to the respondents to call for any 3/6
document/conduct enquiry to satisfy itself of the petitioner's entitlement for requesting survey of subject property.
iii) If any such request is made by the second respondent, the third respondent is directed to provide assistance provided necessary fee is paid. iv) The entire process shall be completed within a period of twelve (12) weeks from the date of uploading of web copy without waiting for the receipt of certified copy.
v) It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. Rights and contentions of the petitioner and all other interested parties are left open.
6. Accordingly, the writ petition stands disposed of. There will be no order as to costs.
05.08.2025 Speaking (or) Non Speaking Order mrn To 1.Chennai Metropolitan Development Authority, Represented by its Member Secretary, Egmore, Chennai-600 008.
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2.The Chief Executive Officer, Chennai Metropolitan Development Authority (CMDA), Egmore, Chennai -600 008.
3.The Tahsildhar, Chengalpattu Taluk, Chengalpattu.
MOHAMMED SHAFFIQ, J.
(mrn) 5/6
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